Lyondell
and Millennium Announce Agreement to Combine
http://www.lyondell.com/
Lyondell
Chemical Company (NYSE: LYO) and Millennium Chemicals Inc. (NYSE:
MCH) today announced that their Boards of Directors have
approved, and the companies have executed, a definitive agreement
for a stock-for-stock business combination of the companies,
expected to be tax-free to the shareholders of Millennium and the
companies. The transaction will create North America's
third-largest independent, publicly traded chemical producer with
combined pro forma 2003 revenues of more than $11 billion and
market capitalization of nearly $4 billion.
Millennium shareholders will receive between 0.95 and 1.05 shares
of Lyondell common stock for each share of Millennium common
stock, depending on the volume-weighted average price for the
Lyondell shares for the 20 trading days ending on the third
trading day before closing. Millennium shareholders will receive
0.95 shares of Lyondell stock if the average Lyondell stock price
is $20.50 or greater, and 1.05 if it is $16.50 or less. Between
the two prices, the exchange ratio varies proportionately.
The new shares will be entitled to receive the same cash dividend
as existing outstanding Lyondell shares. Based on recent trading,
the transaction is valued at approximately $2.3 billion including
approximately $1.3 billion of Millennium net debt.
The transaction is subject to customary conditions including
approval by both companies' shareholders, and is expected to
close in the third quarter of 2004.
After the close of the transaction, the company will
be called "Lyondell Chemical Company" and will be
headquartered in Houston, Texas. Dan F. Smith will continue as
president and chief executive officer, and Dr. William T. Butler
will continue as the independent chairman of the Lyondell Board
of Directors. Two independent members of Millennium's current
Board will join the Lyondell Board, effective at the time of the
closing.
The transaction combines two U.S. chemical companies that are
well positioned globally, with leading positions in propylene
oxide and derivatives, titanium dioxide (TiO2) and acetyls. And,
through their Equistar joint venture -- a major North
American producer of ethylene, propylene, polyethylene and
aromatics -- they have significant leverage to the petrochemical
cycle, providing opportunity for the combined company's
shareholders to take full advantage of the recovery in the
petrochemical cycle. The combined company will operate in 16
countries and employ about 10,000 people worldwide.
"Since its creation in 1985, Lyondell has become a leading,
global, integrated chemical company with world-scale assets and
proprietary processes and technology," said Dan F. Smith,
Lyondell's president and chief executive officer. "We have a
long history of successfully combining assets, product lines and
corporate cultures to create one of the world's leading chemical
companies. Despite the prolonged industry trough, Lyondell and
Equistar combined finished 2003 with more than $1.3 billion of
liquidity. We expect this transaction to be accretive to
Lyondell's earnings per share in 2005.
"This is another step in our long-standing strategy to
increase Lyondell's global depth and breadth, and maintains our
leverage to the ethylene cycle, allowing us to use the resulting
cash flow to reduce debt," added Smith. "By integrating
Millennium's operations with Lyondell's and Equistar's, we
believe there is value that can be achieved through the
realization of synergies. We expect to realize at least $50
million in cost savings from this combination, bringing value to
all of the shareholders."
Robert E. Lee, president and chief executive officer of
Millennium, said, "This is the right move at this juncture
for Millennium. The transaction creates compelling value for our
shareholders. We strongly believe that the added diversification
and market leadership brought by the TiO2 and acetyls businesses
will greatly benefit the combined entity. These businesses also
will benefit from being part of a larger global entity."
Millennium is the
second-largest producer of TiO2 in the world, in an industry in
which the five largest producers represent approximately 75
percent of worldwide capacity. Millennium has a larger geographic
footprint than any other TiO2 producer, with competitive
production facilities on four continents. The TiO2 business has a
strong technology and customer base.
The acetyls business is a significant ethylene consumer and, as
such, integrates very well with Equistar's petrochemical
business. Millennium holds the number-two North American capacity
position for acetyls and is number three in the world. Millennium
utilizes proprietary, advantaged technology at its world-scale
manufacturing facility in La Porte, Texas.
"After the closing of the transaction, Lyondell will appear
much less complicated to our investors with its consolidated
petrochemicals, polymers and intermediate chemicals businesses.
In the new organization, however, Lyondell, Equistar and
Millennium will each remain separate entities and keep their
separate debt structures," Smith said.
The transaction involves the merger of a newly created subsidiary
of Millennium into Millennium, in which the Millennium common
stock now held by its public shareholders will be converted into
common stock of Lyondell, and the Millennium preferred stock to
be issued to Lyondell immediately before the merger will be
converted into common stock of the surviving entity. As a result,
Millennium will become a wholly owned subsidiary of Lyondell.
Following the transaction, the Millennium convertible debentures
will become convertible into Lyondell common stock in accordance
with the terms of the convertible debenture indenture.
Citigroup Global Markets Inc. acted as financial advisor and
provided a fairness opinion to Lyondell. J.P. Morgan Securities
Inc. acted as principal financial advisor to Millennium, and
along with UBS Investment Bank, each has provided a fairness
opinion to Millennium. Baker Botts L.L.P. is legal counsel to
Lyondell, and Weil, Gotshal & Manges LLP is legal counsel to
Millennium.
Lyondell, headquartered in Houston, Texas, is a leading producer
of: propylene oxide (PO); PO derivatives including propylene
glycol (PG), butanediol (BDO) and propylene glycol ethers (PGE);
and styrene monomer and MTBE as co-products of PO production.
Through its current 70.5 percent interest in Equistar Chemicals,
LP, Lyondell also is one of the largest producers of ethylene,
propylene and polyethylene in North America and a leading
producer of ethylene oxide, ethylene glycol, high value-added
specialty polymers and polymeric powder. Through its 58.75
percent interest in LYONDELL-CITGO Refining LP, Lyondell is one
of the largest refiners in the United States processing extra
heavy Venezuelan crude oil to produce gasoline, low sulfur diesel
and jet fuel.
Millennium is the second-largest producer of TiO2 in the world,
the largest merchant seller of titanium tetrachloride and a major
producer of zircon and zirconia, silica gel and cadmium-based
pigments. It also is the second-largest producer of acetic acid
and vinyl acetate monomer in North America, and a leading
producer of terpene-based fragrance and flavor chemicals.
Millennium currently has a 29.5 percent interest in Equistar.
Table 1: Lyondell and Equistar Liquidity at December 31, 2003
(Millions of
dollars)
Lyondell | Equistar | |
Cash and cash equivalents |
$438 |
$199 |
Facilities availability |
300 |
430 |
Total liquidity |
$738 |
$629 |
Table 2: Millennium Net Debt at December 31, 2003
(Millions of
dollars)
Long-term debt |
$1,461 |
Current maturities of long-term debt |
6 |
Less: Cash and cash equivalents |
(209) |
Net debt |
$1,258 |
Attachment 1: Capacities and Major Positions
Lyondell Intermediate Chemicals & Derivatives Capacities
Major Products | Rated Capacity (Million lb./yr.) |
Major Capacity Positions |
|
Global | N. America | ||
Propylene Oxide (PO) |
4,500 |
1 |
1 |
Styrene Monomer (SM) |
5,000 |
4 |
1 |
MTBE (bbl/day) |
58,500 |
1 |
1 |
Propylene
Glycol (PG) & Propylene Glycol Ethers (PGE) |
1,260 |
2 |
2 |
Toluene Diisocyanate (TDI) |
574 |
3 |
4 |
Butanediol (BDO) |
395 |
2 |
4 |
Equistar Capacities
Major Products | Rated Capacity (Million lb./yr.) |
Major Capacity Positions |
|
Global | N. America | ||
Ethylene |
11,600 |
5 |
2 |
Propylene |
5,000 |
7 |
2 |
Butadiene |
1,200 |
3 |
1 |
Benzene (million gal/yr) |
310 |
+ |
3 |
Ethylene Glycol (EG) |
1,000 |
+ |
3 |
Ethylene Oxide (EO) |
1,100 |
+ |
3 |
Polyethylene High-density Polyethylene (HDPE) |
|
+ |
|
Low-density Polyethylene (LDPE) |
1,400 |
+ |
3 |
Linear Low-density Polyethylene (LLDPE) |
1,100 |
+ |
4 |
Millennium Capacities
Major Products | Rated Capacity | Percentage
of Capacity |
TiO2 |
|
|
Acetyls Vinyl Acetate Monomer (VAM)(million lb/yr) |
850 |
+ |
Acetic Acid (million lb/yr) |
1,200 |
+ |
==========================================================================
Attachment 2: Principal Products
Lyondell Intermediate Chemicals & Derivatives Principal
Products
Product | Annual Capacity | Primary Uses |
Propylene Oxide (PO) | 4.5 billion pounds(a) | PO is a key component of polyols, PG, PGE and BDO. |
Propylene Glycol(PG) | 960 million pounds | PG is used to produce unsaturated polyester resins for bathroom fixtures and boat hulls; lower toxicity antifreeze, coolants and aircraft deicers; and cosmetics and cleaners. |
Propylene Glycol | 300 million pounds | PGE are used as lower toxicity Ethers (PGE) solvents for paints, coatings and cleaners. |
Butanediol (BDO) | 395 million pounds | BDO is used in the manufacture of engineering resins, films, personal care products, pharmaceuticals, coatings, solvents and adhesives. |
Toluene Diisocyanate | 574 million pounds(b) | TDI is combined with polyols (TDI) to produce flexible foam for automotive seating and home furnishings. |
Styrene Monomer (SM) | 5.0 billion pounds(c) | SM is used to produce plastics, such as expandable polystyrene for packaging, foam cups and containers, insulation products and durables and engineering resins. |
Methyl Tertiary Butyl Ether (MTBE) | 897 million gallons (58,500 barrels/day) |
MTBE is a gasoline component for reducing emissions in reformulated gasolines and enhancing octane value. |
(a) | Includes: 100% of the 385 million pounds of capacity of Nihon Oxirane, a joint venture of which the Company owns 40%; approximately 1.6 billion pounds of capacity that represents Bayer's share of PO production from the Channelview PO/SM I plant and the Bayport, Texas PO/TBA plants under the U.S. PO Joint Venture; and 100% of the 625 million pounds of capacity of the Maasvlakte PO/SM plant, which began production during the fourth quarter of 2003 and is owned by the European PO Joint Venture with Bayer, as to which the company has the right to 50% of the production. |
(b) | Includes: approximately 274 million pounds of average annual TDI capacity at Lyondell's plant in Pont de Claix, France, which is operated by Rhodia. |
(c) | Includes: approximately 1.1 billion pounds of SM production from the Channelview PO/SM II plant that is committed to unrelated equity investors under long-term processing agreements; 100% of the 830 million pounds of capacity of Nihon Oxirane, of which the Company owns 40%; and 100% of the 1.4 billion pounds of capacity of the Maasvlakte PO/SM plant, which began production during the fourth quarter of 2003 and is owned by the European PO Joint Venture with Bayer, as to which the Company has the right to 50% of the production. |
Equistar Principal Products
Product | Annual Capacity | Primary Uses |
OLEFINS | ||
Ethylene | 11.6 billion pounds(a) | Ethylene is used as a raw material to manufacture polyethylene, EO, ethanol, ethylene dichloride and ethylbenzene. |
Propylene | 5 billion pounds(a)(b) | Propylene is used to produce polypropylene, acrylonitrile and propylene oxide. |
Butadiene | 1.2 billion pounds | Butadiene is used to manufacture styrene-butadiene rubber and polybutadiene rubber, which are used in the manufacture of tires, hoses, gaskets and other rubber products. Butadiene is also used in the production of paints, adhesives, nylon clothing, carpets, paper coatings and engineered plastics. |
OXYGENATED PRODUCTS |
||
Ethylene Oxide(EO) | 1.1 billion pounds EO equivalents; 400 million pounds as pure EO (c) | EO is used to produce surfactants, industrial cleaners, cosmetics, emulsifiers, paint, heat transfer fluids and ethylene glycol. |
Ethylene Glycol(EG) | 1 billion pounds(c) | EG is used to produce polyester fibers and film, polyethylene terephthalate ("PET")resin, heat transfer fluids and automobile antifreeze. |
Ethylene Oxide | 225 million pounds | EO derivatives include Derivatives ethylene glycol ethers and ethanolamines, and are used to produce paint and coatings, polishes, solvents and chemical intermediates. |
Ethanol | 50 million gallons | Ethanol is used in the
production of solvents as well as household, medicinal and personal care products. |
MTBE | 284 million gallons | MTBE is a gasoline component (18,500 barrels/day)(d) for reducing emissions in reformulated gasolines and enhancing octane value. |
AROMATICS | ||
Benzene | 310 million gallons | Benzene is used to produce
styrene, phenol and cyclohexane. These products are used in the production of nylon, plastics, synthetic rubber and polystyrene. Polystyrene is used in insulation, packaging and drink cups. |
Toluene | 66 million gallons | Toluene is used as an
octane enhancer in gasoline, as a chemical raw material benzene and/or paraxylene production, and a core ingredient in TDI, a compound used in urethane production. |
SPECIALTY PRODUCTS |
||
Dicyclopentadiene | 130 million pounds | DCPD is a component of inks, (DCPD) adhesives and polyester resins for molded parts such as tub and shower stalls and boat hulls. |
Isoprene | 145 million pounds | Isoprene is a component of premium tires, adhesive sealants and other rubber products. |
Resin Oil | 150 million pounds | Resin oil is used in the production of hot-melt adhesives, inks, sealants, paints and varnishes. |
Piperylenes | 100 million pounds | Piperylenes are used in the production of adhesives, inks and sealants. |
Alkylate | 337 million gallons(e) | Alkylate is a premium gasoline blending component used by refiners to meet Clean Air Act standards for reformulated gasoline. |
POLYETHYLENE | ||
High Density Polyethylene (HDPE) | 3.2 billion pounds | HDPE is used to manufacture grocery, merchandise & trash bags; food containers for items from frozen desserts to margarine; plastic caps & closures; liners for boxes of cereal & crackers; plastic drink cups & toys; dairy crates; bread trays; pails for items from paint to fresh fruits & vegetables; safety equipment such as hard hats; house wrap for insulation; bottles for household & industrial chemicals & motor oil; milk, water, and juice bottles; and large (rotomolded) tanks for storing liquids such as agricultural and lawn care chemicals. |
Low Density Polyethylene(LDPE) | 1.4 billion pounds | LDPE is used to manufacture food packaging films; plastic bottles for packaging food and personal care items; dry cleaning bags; ice bags; pallet shrink wrap; heavy-duty bags for mulch and potting soil; boil-in-bag bags; coatings on flexible packaging products; and coatings on paper board such as milk cartons. Ethylene vinyl acetate is a specialized form of LDPE used in foamed sheets, bag-in-box bags, vacuum cleaner hoses, medical tubing, clear sheet protectors and flexible binders. |
Linear Low Density Polyethylene (LLDPE) |
1.1 billion pounds | LLDPE is used to manufacture garbage and lawn-leaf bags; industrial can liners; housewares; lids for coffee cans and margarine tubs, dishpans, home plastic storage containers, kitchen trash containers; large (rotomolded) toys like outdoor gym sets; drip irrigation tubing; protective coating for telephone wires and film; shrink wrap for multi-packaging canned food, bag-in-box bags, produce bags, and pallet stretch wrap. |
POLYPROPYLENE | ||
Polypropylene | 280 million pounds | Polypropylene is used to
manufacture fibers for carpets, rugs and upholstery;
housewares; automotive battery cases; automotive fascia,
running boards and bumpers; grid-type flooring for sports
facilities; fishing tackle boxes; and bottle caps and closures. |
PERFORMANCE POLYMERS |
||
Wire and Cable | (f) | Wire and cable insulating Insulating Resins resins and compounds are used and Compounds to insulate copper and fiber optic wiring in power, telecommunication, computer and automobile applications. |
Polymeric Powders | (f) | Polymeric powders are component products in structural and bulk molding compounds, parting agents and filters for appliance, automotive and plastics processing industries. |
Polymers for Adhesives, Sealants and Coatings | (f) | Polymers are components in hot-melt-adhesive formulations for case, carton and beverage package sealing, glue sticks, automotive sealants, carpet backing and adhesive labels. |
Reactive Polyolefins | (f) | Reactive polyolefins are functionalized polymers used to bond non-polar and polar substrates in barrier food packaging, wire and cable insulation and jacketing, automotive gas tanks and metal coating applications. |
(a) | Includes 850 million pounds/year of ethylene capacity and 200 million pounds/year of propylene capacity at Equistar's Lake Charles, Louisiana facility. Equistar's Lake Charles facility has been idled since the first quarter of 2001, pending sustained improvement in market conditions. |
(b) | Does not include refinery-grade material or production from the product flexibility unit at Equistar's Channelview facility, which can convert ethylene and other light petrochemicals into propylene. This facility has an annual processing capacity of one billion pounds per year of propylene. |
(c) | Includes 350 million pounds/year of EO equivalents capacity and 400 million pounds/year of EG capacity at the Beaumont, Texas facility, which represents Equistar's 50% of the total EO equivalents capacity and EG capacity, respectively, at the facility. The Beaumont, Texas facility is owned by PD Glycol, a partnership owned 50% by Equistar and 50% by DuPont. |
(d) | Includes up to 44 million gallons/year of capacity processed by Equistar for LCR and returned to LCR. |
(e) | Includes up to 172 million gallons/year of capacity processed by Equistar for LCR and returned to LCR. |
(f) | These are enhanced grades of polyethylene and are included in the capacity figures for HDPE, LDPE and LLDPE above, as appropriate. |
Millennium
Principal Products
Product | Primary Uses |
TITANIUM DIOXIDE AND RELATED PRODUCTS | |
Titanium Dioxide (TiO2) | A white pigment used to provide whiteness, brightness, opacity and durability in paint and coatings, plastics, paper and elastomers. |
Titanium Tetrachloride (TiCl4) | The intermediate product used in making TiO2. TiCl4 is also used for: the manufacture of titanium metal, which is used to make a wide variety of products including eyeglass frames, aerospace parts and golf clubs, the manufacture of catalyst and specialty pigments; and as a surface treatment for glass. |
Zirconium-based compounds and chemicals | Chemicals used in coloring for ceramics, in pigment surface treatment, solid oxide fuel cells and to enhance optics. |
Ultra-fine TiO2 | Nanoparticle and ultra-fine products used in optical, electronic, catalyst and ultra-violet absorption application. |
Silica gel | Inorganic product used to reduce gloss and control flow in coatings. Also used to stabilize beer and extend the shelf life of plastic films, powdered food products and pharmaceuticals. |
Cadmium-based pigments | Inorganic colors used in engineered plastics, artists' colors, ceramics, inks, automotive refinish coatings, coil and extrusion coatings, aerospace coatings and specialty industrial finishes. |
Zircon Sand (Zircon) | A coarse fine white mineral powder used in refractory material, ceramic material and foundry sand. |
ACETYLS | |
Vinyl acetate monomer | A petrochemical product used to produce a variety of polymers products used in adhesives, water-based paint, textile coatings and paper coatings. |
Acetic Acid | A feedstock used to produce vinyl acetate monomer, terephthalic acid (used to produce polyester for textiles and plastics bottles), industrial solvents, and a variety of other chemicals. |
Methanol | A feedstock used to produce acetic acid; methyl tertiary butyl ether (MTBE), a gasoline additive; formaldehyde; and several other products. The Company is a producer of methanol through its 85% interest in La Porte Methanol Company. |
SPECIALTY CHEMICALS | |
Terpene fragrance chemicals | Individual components that are blended to make fragrances used in detergents, soaps, perfumes, personal-care items and household goods. |
Flavor chemicals | Individual components that are blended to impart or enhance flavors used in toothpaste, chewing gum and other consumer products. |
==========================================================================
Attachment 3: Manufacturing Locations
Lyondell Intermediate Chemicals & Derivatives Manufacturing
Locations
Locations | Principal Products |
Bayport (Pasadena), Texas (a)* | PO, PG, PGE, TBA |
Channelview, Texas (a) (b)* | PO, BDO, SM, MTBE |
Lake Charles, Louisiana * | TDI |
Fos-sur-Mer, France (c) | PO, PG, TBA, MTBE |
Pont de Claix, France (d) | TDI |
Botlek, Rotterdam, The Netherlands (c) | PO, PG, PGE, TBA, MTBE, BDO |
Maasvlakte (near Rotterdam), The Netherlands (e) | PO, SM |
Chiba, Japan (f) | PO, SM |
* | The portions of the facility owned by Lyondell are mortgaged as collateral for Lyondell's credit facility, senior secured notes and debentures. |
(a) | The Bayport PO/TBA plants and the Channelview PO/SM I plant are held by the U.S. PO Joint Venture between Bayer and the Company. |
(b) | Unrelated equity investors hold a minority ownership interest in the PO/SM II plant at Lyondell's Channelview facility. |
(c) | The land is leased. |
(d) | The land is leased by Rhodia and certain assets are owned by the Company. |
(e) | The land is leased. The Maasvlakte PO/SM plant is held by the European PO Joint Venture between Bayer and the Company. |
(f) | The PO/SM plant located in Chiba, Japan, is owned by Nihon Oxirane, a joint venture of which the Company owns a 40 percent interest. |
Equistar Manufacturing Locations
Locations | Principal Products |
Beaumont, Texas (a) * | EG |
Channelview, Texas (b) * | Ethylene, Propylene,
Butadiene, Benzene, Toluene, DCPD, Isoprene, Resin Oil, Piperylenes, Alkylate and MTBE |
Corpus Christi, Texas * | Ethylene, Propylene, Butadiene and Benzene |
Chocolate Bayou, Texas (c) | HDPE |
Chocolate Bayou, Texas (c)(d) * | Ethylene, Propylene,
Butadiene, Benzene, Toluene, DCPD, Isoprene, Resin Oil and MTBE |
LaPorte (Deer Park), Texas (e)* | Ethylene, Propylene, LDPE,
LLDPE, Wire and Cable Insulating Resins, and Polymers for Adhesives, Sealants and Coatings. |
Matagorda, Texas * | HDPE |
Bayport (Pasadena), Texas * | EO, EG and Other EO Derivatives |
Bayport (Pasadena), Texas (f)* | LDPE |
Victoria, Texas (d)* | HDPE |
Lake Charles, Louisiana (g)* | Ethylene and Propylene |
Morris, Illinois* | Ethylene, Propylene, LDPE, LLDPE and Polypropylene |
Tuscola, Illinois * | Ethanol and Polymeric Powders |
Clinton, Iowa * | Ethylene, Propylene, LDPE, HDPE and Reactive Polyolefins |
Fairport Harbor, Ohio (h) | Wire and Cable Insulating Compounds |
Newark, New Jersey | Denatured Alcohol |
* | As of January 1, 2004, facilities which received the OSHA Star Certification, which is the highest safety designation issued by the U.S. Department of Labor. |
(a) | The Beaumont facility is owned by PD Glycol, a partnership owned 50% by Equistar and 50% by DuPont. |
(b) | The Channelview facility
has two ethylene processing units. Lyondell owns a
methanol plant located within the Channelview facility on
property Lyondell leases from Equistar. This methanol
plant is being operated for Lyondell by Equistar on
behalf of an unrelated party. Another unrelated party owns and operates a facility on land leased from Equistar that is used to purify hydrogen from Lyondell's methanol plant. Equistar also operates a styrene maleic anhydride unit and a polybutadiene unit, which are owned by a third party and are located on property leased from Equistar within the Channelview facility. |
(c) | Millennium and Occidental each contributed a facility located in Chocolate Bayou. These facilities are not on contiguous property. |
(d) | The land is leased. |
(e) | Equistar intends to temporarily consolidate its automotive compound production at the Fairport Harbor, Ohio facility and temporarily idle the automotive compound production unit at the LaPorte, Texas facility at the end of the first quarter of 2004. |
(f) | The facility is located on land leased from Sunoco. The facility is operated by Sunoco for Equistar. |
(g) | The Lake Charles facility has been idled since the first quarter of 2001, pending sustained improvement in market conditions. The facilities and land are leased from Occidental Chemical Corporation, a subsidiary of Occidental, under a lease that expires in May 2004 and has renewal provisions for two additional one-year periods at either party's option. |
(h) | The building and land are leased. |
Millennium Manufacturing Locations
Locations | Principal Products |
TITANIUM DIOXIDE & RELATED PRODUCTS | |
Ashtabula, Ohio * | TiO2 and TiCl4 |
Baltimore, Maryland (Hawkins Point)* | TiO2 |
Baltimore, Maryland (St. Helena) | Cadmium-based pigments and silica gel |
Kemerton, Western Australia | TiO2 |
Le Havre, France | TiO2 |
Mataraca, Paraiba, Brazil ** | Ilmenite (generally
consumed in the Salvador TiO2 plant), zircon and natural rutile titanium ore |
Rockingham, Western Australia | Zirconium-based compounds and chemicals |
Salvador, Bahia, Brazil ** | TiO2 |
Stallingborough, United Kingdom | TiO2 |
Thann, France | TiO2 and TiCl4 and ultra-fine TiO2 |
ACETYLS | |
La Porte, Texas | VAM and acetic acid |
SPECIALTY CHEMICALS | |
Brunswick, Georgia | Fragrance and flavor chemicals |
Jacksonville, Florida | Fragrance and flavor chemicals |
* | The Company has two manufacturing plants at Ashtabula, Ohio, both of which use the chloride process, and two manufacturing plants located in Baltimore, Maryland (Hawkins Point), one of which uses the chloride process for manufacturing TiO2 and the other of which used the sulfate process but is currently idle. |
** | Third-party equity investors hold a minority ownership interest in Millennium Brasil, which owns this facility. |
Lyondell
and Millennium Announce Expected Closing Date for Proposed
Business Combination Transaction
http://phx.corporate-ir.net/phoenix.zhtml?c=109756&p=irol-newsArticle&ID=622708&highlight=
Lyondell
Chemical Company (NYSE: LYO) and Millennium Chemicals Inc. (NYSE:
MCH) today announced that they expect their proposed business
combination transaction to close December 1, 2004.
The companies have set November 30, 2004 as the date for their
respective special shareholder meetings to consider the proposed
transaction and, assuming shareholder approval, the transaction
is expected to close the following day. The registration
statement was declared effective October 1, 2004, and
shareholders of record at the close of business on Thursday,
October 14, 2004 will be entitled to notice of and to vote at the
special meetings.
The companies today are giving the New York Stock Exchange the
required 10 days' advance notice of the record date. Once the
record date has passed, they will print and mail the joint proxy
statement to Lyondell and Millennium shareholders and provide
adequate time for shareholder consideration of the proposal.
The proposed transaction is a stock-for-stock business
combination of the companies which will create North America's
third-largest independent, publicly traded chemical producer with
combined pro forma 2003 revenues of more than $11 billion and
market capitalization of $5.5 billion.
After the close of the proposed transaction, the company will be
called "Lyondell Chemical
Company" and will be headquartered in
Houston, Texas.
ABOUT LYONDELL
Lyondell, headquartered in Houston, Texas, is a leading producer
of: propylene oxide (PO); PO derivatives including propylene
glycol (PG), butanediol (BDO) and propylene glycol ethers (PGE);
and styrene monomer and MTBE as co-products of PO production.
Through its current 70.5 percent interest in Equistar Chemicals,
LP, Lyondell also is one of the largest producers of ethylene,
propylene and polyethylene in North America and a leading
producer of ethylene oxide, ethylene glycol, high value-added
specialty polymers and polymeric powder. Through its 58.75
percent interest in LYONDELL-CITGO Refining LP, Lyondell is one
of the largest refiners in the United States processing extra
heavy Venezuelan crude oil to produce gasoline, low sulfur diesel
and jet fuel.
ABOUT MILLENNIUM
Millennium is the second-largest producer of TiO2 in the world,
the largest merchant seller of titanium tetrachloride and a
producer of silica gel and cadmium-based pigments. It also is the
second-largest producer of acetic acid and vinyl acetate monomer
in North America, and a leading producer of terpene-based
fragrance and flavor chemicals. Millennium currently has a 29.5
percent interest in Equistar.
2004/12/1
Lyondell
Lyondell Completes Acquisition of Millennium Chemicals
http://www.lyondell.com/html/news/press_kit.shtml
Creates
North America’s third-largest
independent, publicly traded chemical producer
2003 pro forma revenues of $11.4 billion
Two new directors appointed to Lyondell Board
Lyondell Chemical Company (NYSE:LYO) today announced that it has
completed its acquisition of Millennium Chemicals Inc.
Shareholders of both companies approved the proposed transaction
in special meetings and the closing was effective after the close
of New York Stock Exchange trading on November 30, 2004.
The transaction creates North America’s third-largest independent,
publicly traded chemical company with consolidated pro forma 2003
revenues of $11.4 billion and current market capitalization of
more than $6.5 billion. Based on chemical sales, Lyondell is now
the world’s seventh-largest
independent chemical company.
Millennium stock ceased trading at the close of business on
November 30, 2004. Millennium stockholders became Lyondell
stockholders when the transaction closed, and are receiving 0.95
of a Lyondell share for every Millennium share they hold. The new
shares will be entitled to receive the same annual cash dividend
as existing outstanding Lyondell shares, which currently is $0.90
per share, on dividends declared after the closing of the
transaction.
Based on recent trading, the equity value of the transaction is
approximately $1.6 billion plus approximately $1.1 billion of
Millennium net debt.
The company will operate as Lyondell Chemical
Company with headquarters in Houston,
Texas. Lyondell now operates on five continents and employs
approximately 10,000 people worldwide. With the completion of the
transaction, both Millennium and Equistar Chemicals
are now wholly owned subsidiaries of Lyondell. In the new
organization, however, Lyondell, Equistar and Millennium each
will remain separate legal entities and keep their separate debt
structures.
Lyondell now has leading global positions in propylene oxide and
derivatives, plus titanium dioxide (TiO2), as well as leading
North American positions in ethylene, propylene, polyethylene,
aromatics, acetic acid and vinyl acetate monomer.
“Lyondell has
achieved the global depth and breadth necessary for long-term
success in the global chemical industry,” said Dan F. Smith, president and
CEO of Lyondell. “Operationally,
Equistar has been an integrated part of the Lyondell enterprise
since its inception. But now, because we will report consolidated
earnings for three wholly owned businesses, the true size of the
Lyondell enterprise will be more apparent.
“The transaction
has been structured so that Lyondell investors, including those
who previously were Millennium shareholders, maintain all the
benefits of the cyclical upturn,” added Smith. “As the entities generate cash, our
priority remains debt reduction.”
In
conjunction with the transaction, the Lyondell Board of Directors
appointed two additional members. Worley H. Clark, Jr. served as
Chairman of the Board of Directors of Millennium beginning in
2003, and was president and CEO of Nalco Chemical Company from
1982 until his retirement in 1994. David J.P. Meachin served as a
director of Millennium beginning October 1996, and has been
Chairman and Chief Executive of Cross Border Enterprises, L.L.C.,
a private international merchant banking firm, since its
formation in 1991.
As of December 1, former Millennium investors who now are
Lyondell shareholders may reach Lyondell’s Investor Relations Department by
calling 1-713-309-4590 and may obtain additional information
through Lyondell’s Investor
Relations website at www.lyondell.com.
Additional resources for the press, including downloadable photos
and executive biographies, are available at www.lyondell.com/presskit.
Lyondell
to Permanently Cease TDI Production at Lake Charles Plant
http://phx.corporate-ir.net/phoenix.zhtml?c=109756&p=irol-newsArticle&ID=769995&highlight=
Lyondell
Chemical Company (NYSE: LYO) announced today that it will
permanently cease toluene diisocyanate (TDI) production at its
Lake Charles, La., plant. On September 20, 2005, Lyondell
announced an indefinite suspension of production at the 300
million pound per year TDI facility while the company evaluated
the long-term prospects for the plant.
"Based on our evaluation of future plant capital
requirements, high energy and raw materials costs and poor
projected industry utilization, we do not expect the Lake Charles
TDI business will return to profitability," said Ed Dineen,
senior vice president, Chemicals and Polymers. "Hurricane
Rita contributed to the decision, as it damaged the plant and
contributed to increased energy costs."
Lyondell has approximately 280 employees at this plant. Efforts
will be made to reduce the impact to employees, which is expected
to include redeployment opportunities or severance benefits.
In the third quarter 2005, the company will recognize a pre-tax,
non-cash charge of $195 million for impairment of the carrying
value of the plant and related assets. In addition, in subsequent
periods, the company expects to incur various costs, including
employee termination benefits of approximately $20 million,
approximately $35 million associated with plant decommissioning
and demolition, and approximately $10 million for contract
terminations.
Lyondell acquired the TDI plant as part of its 1998 acquisition
of ARCO Chemical Company. ARCO Chemical had purchased the plant
from Olin Corporation in December 1996.
Toluene diisocyanate is used in the production of polyurethanes
for flexible foam applications, including consumer goods,
transportation and packaging. TDI also is used in the manufacture
of coatings, sealants, adhesives and elastomers.
ABOUT LYONDELL
Lyondell Chemical Company, headquartered in Houston, Texas, is
North America's third-largest independent, publicly traded
chemical company. Lyondell is a major global manufacturer of
basic chemicals and derivatives including ethylene, propylene,
titanium dioxide, styrene, polyethylene, propylene oxide and
acetyls. It also is a significant producer of gasoline blending
components. The company has a 58.75 percent interest in Lyondell-
Citgo Refining LP, a refiner of heavy, high-sulfur crude oil. As
a result of Lyondell's November 30, 2004, acquisition of
Millennium Chemicals Inc., Millennium and Equistar Chemicals, LP
are wholly owned subsidiaries of Lyondell. Lyondell is a global
company operating on five continents and employs approximately
10,000 people worldwide.
Lyondell Announces Approval for New Chemical Facility in Ningbo, China
Lyondell Chemical Company announced today that it and Sinopec Zhenhai Refining & Chemical Co., Ltd. (ZRCC) have received final government approval for a project to construct a world-scale propylene oxide / styrene monomer (POSM) manufacturing facility in Ningbo, China, across the Hangzhou Bay from Shanghai. The project is a partnership between Lyondell and ZRCC, and the companies expect that this plant will be one of the lowest-cost POSM plants in the world, capitalizing on Lyondell's industry-leading POSM technology, both companies' operating experience and raw materials provided by ZRCC's future olefins plant in Ningbo.
Lyondell will contribute its POSM technology and its overall operating and technical experience in exchange for a share of the propylene oxide (PO) profitability from the plant. The parties will jointly market all of the PO manufactured by the new facility. The companies expect to complete construction in 2009.
Along with Lyondell's POSM plants near Houston and Rotterdam, the Ningbo facility will top the list of the world's largest POSM assets. The new plant will have an annual design capacity of 274,000 metric tons (604 million pounds) of PO and 602,000 metric tons (1.3 billion pounds) of styrene. Lyondell estimates that worldwide demand for PO was approximately 6.5 million metric tons (14.3 billion pounds) in 2006.
"With demand for propylene oxide in China growing rapidly, this world- scale plant with its leading technology and ideal location on the eastern coast of China provides a perfect platform for Lyondell and ZRCC to serve the region," said Dan Smith, Lyondell's president and CEO. "ZRCC currently operates the largest and most efficient refinery in China, and we are pleased to be a part of a site that will soon become one of the largest integrated petrochemical complexes in the region." In November 2006, ZRCC broke ground on a new 1 million ton-per-year olefins complex on the site.
Smith added, "With this project, we are expanding our position in an important market and continuing to grow efficiently in a manner consistent with our financial strategy and commitment to debt reduction."
Lyondell is the world's PO technology leader with more than 40 years of experience. This project enhances Lyondell's presence in the Asia-Pacific region, which already includes:
* | Nihon Oxirane Co., Ltd. (NOC) - In partnership with Sumitomo Chemical Co., Ltd., Lyondell's NOC joint venture manufactures and markets propylene oxide, styrene monomer and propylene glycol in Asia. The venture operates a POSM plant in Chiba, Japan. NOC also markets the PO from Sumitomo's Chiba plant and will market the PO from Sumitomo's plant in Rabigh, Saudi Arabia, which currently is under construction. |
* | Propylene Glycol Ethers - Shiny Chemical Industrial Co., Ltd. is constructing a propylene glycol ethers (PGE) plant in Tainan, Taiwan, based on Lyondell's technology. After start-up in the second quarter 2007, Lyondell will market and sell the products in Asia. |
* | Regional Imports - Lyondell is a leading marketer of styrene, monoethylene glycol (MEG), butanediol, glycol ethers and acetyls that are imported from other regions. |
* | TiO2
- Lyondell's Millennium Inorganic Chemicals subsidiary
operates a world-scale titanium dioxide (TiO2) plant in
Australia that supplies markets in Asia and around the world. |
About Lyondell
Lyondell Chemical Company, headquartered in Houston, Texas, is North America's third-largest independent, publicly traded chemical company. Lyondell is a leading global manufacturer of chemicals and plastics, a refiner of heavy, high-sulfur crude oil and a significant producer of fuel products. Key products include ethylene, polyethylene, styrene, propylene, propylene oxide, titanium dioxide, gasoline, ultra low-sulfur diesel, MTBE and ETBE. Lyondell operates on five continents and employs nearly 11,000 people worldwide.
Lyondell Chemical Company Announces Sale of Inorganic Chemicals Business to National Titanium Dioxide Company Ltd. (Cristal)
Lyondell Chemical Company
and the National Titanium Dioxide Company Ltd. (Cristal), today
announced that they have signed an agreement for a proposed sale
by Lyondell of its worldwide inorganic chemicals
business to Cristal
in a transaction valued at approximately $1.2 billion, including
the assumption of certain liabilities directly related to the
business. Cristal is a global producer of titanium dioxide
exporting to more than 70 countries. Lyondell stated that the
transaction would include a cash payment of $1.05 billion, and
estimated its after-tax proceeds at $975 million.
"This transaction would allow us to accelerate our debt
repayment and focus our resources on capturing the synergies
between our refinery and our chemicals business to achieve the
greatest value for our shareholders," said Dan F. Smith,
president and CEO of Lyondell.
Lyondell's Millennium Inorganic Chemicals
subsidiary is
the world's second-largest producer of titanium dioxide with an
annual capacity of 670,000 metric tons. Titanium dioxide is a
white pigment commonly used in such consumer products as paint,
toothpaste and sunblock.
Lyondell acquired the inorganic chemicals business in its 2004
acquisition of Millennium Chemicals Inc. The other businesses
acquired in the 2004 Millennium purchase (e.g., acetyls, flavors
and fragrances, and silicas) are not part of the sale. The
transaction will not impact Millennium subsidiaries such as
Millennium Petrochemicals, Millennium Specialty Chemicals,
Millennium Holdings, LLC and those which hold Millennium's 29.5
percent ownership of Equistar Chemicals.
In conjunction with this transaction, Lyondell has determined
that the carrying value of goodwill associated with the
Inorganics Chemicals business segment is impaired as of December
31, 2006. Accordingly, Lyondell's net income for the fourth
quarter 2006 will be reduced by $549 million to be a loss of $321
million, or $1.29 per share on a fully diluted basis. After this
reduction, Lyondell's net income for the full year 2006 is $186
million, or 72 cents per share.
Privately held National Titanium Dioxide Company Ltd. noted that
it intends to continue operating the assets it will acquire from
Lyondell. "The acquisition of Millennium Inorganic Chemicals
is an exciting component of our continued growth story and
increases our global presence as we'll gain facilities in Europe
and Australia as well as North and South America. We have been
impressed with the high quality of the employees, products and
R&D," said Dr. Talal Al-Shair, Chairman and CEO of
Cristal. Approximately 2,900 employees are affiliated with the
inorganic chemicals business.
Closing of the transaction is subject to regulatory clearance,
compliance with labor and employment regulations, and other
conditions that are typical for transactions of this type.
Closing is anticipated to occur in the first half of 2007.
Lyondell Chemical Company, headquartered in Houston, Texas, is
North America's third-largest independent, publicly traded
chemical company. Lyondell is a leading global manufacturer of
chemicals and plastics, a refiner of heavy, high-sulfur crude oil
and a significant producer of fuel products. Key products include
ethylene, polyethylene, styrene, propylene, propylene oxide,
titanium dioxide, gasoline, ultra low-sulfur diesel, MTBE and
ETBE. Lyondell operates on five continents and employs nearly
11,000 people worldwide.
The
National Titanium Dioxide Company Ltd. ("Cristal") is the 9th largest titanium
dioxide producer globally with a current production capacity of
100,000 metric tons, and an authorized design production capacity
of 180,000 tons. With major offices in the United Kingdom, Saudi
Arabia and Singapore it is the only producer of titanium dioxide
in the Middle East and North Africa and exports its products to
more than 70 countries. The company has been a leader in employee
safety and environmentally friendly manufacturing processes. "TASNEE,"
a Saudi major diversified company with chemicals and
petrochemicals operations, owns 66 percent of Cristal, while 33
percent of Cristal is owned by "GIC," an investment
house established in Kuwait by the GCC countries.
The National Titanium Dioxide Company Ltd (Cristal) has been manufacturing titanium dioxide (TiO2) using imported rutile ore at its ultra-modern Yanbu Al-Sinaiyah plant in Saudi Arabia since 1991. National markets its products under the well-known Cristal brand.
Cristal has developed an international reach with headquarters in Jeddah and offices in both the UK and Singapore. The company is owned by three partners, the National Industrialization Company (Saudi Arabia), the Gulf Investment Corporation (Kuwait), and a private investor.
In 2002, Cristal increased its original TiO2 production capacity from 70,000 metric tons a year to 100,000 metric tons in line with a projected annual rise in world demand of around 3% to 2005. This expansion makes Cristal the largest privately owned chemical company in Saudi Arabia. It also reinforces their position as a major supplier of TiO2.
Titanium dioxide pigment (TiO2) is a white powder which offers high opacity, brilliant whiteness and exceptional UV resistance. Such unique qualities have turned it into an essential ingredient in the manufacture of paints, inks, plastics and rubber. It is also used in other products such as soap and toiletries, adhesives, concrete curing compounds, candles and crayons.
TiO2 is a high-demand product. The paint industry is its largest user, consuming more than 50% of world TiO2 production, while plastics consume 19% and paper 17%.
Not surprisingly, the largest TiO2 consumer is the United States (33%), followed by Europe (24%) and Japan (8%). Over the next decade, substantial growth in consumption is expected in developing economies in more densely populated countries such as India and China.
May 11, 2007 Houston Chronicle
Billionaire investor gets right to buy stake in Lyondell
Russian-born billionaire Leonard Blavatnik has acquired the right to buy a stake in Houston's Lyondell Chemical Co., fueling an 11 percent surge in shares on anticipation of a possible takeover.
"Quite frankly, I think it's a good thing. The stock has reacted positively to this," said Michael Judd, an analyst with Greenwich Consultants.
Judd said Blavatnik's move was positive beyond Lyondell because it signaled that U.S. petrochemical and refining assets "are really quite valuable assets" despite the cyclical nature of the chemical business.
Lyondell shares closed up $3.68 at $36.75 today on the New York Stock Exchange, the highest in a year.
Blavatnik, who is a U.S. citizen, disclosed the move in a regulatory filing today.
The filing said Blavatnik, chairman of New York-based private equity investment firm Access Industries, has signed an agreement with Merrill Lynch & Co. effective this week that allows him to buy 8.3 percent of Lyondell's outstanding shares at $31.11 each "as a strategic investment." That is nearly 21 million shares for $653 million.
Los Angeles-based exploration and production company Occidental Petroleum said in a separate regulatory filing that it has sold nearly 7 million of its Lyondell shares to Merrill Lynch, and struck a swap agreement to divest the rest. The total of Occidental's transaction is the amount of shares Blavatnik will acquire.
Upon acquiring those shares, the filing said, Blavatnik will assess his ownership and voting position and "may seek to engage in discussions" with Lyondell about buying all of the chemical company's remaining shares or about a merger with Basell Holdings.
Access Industries bought Basell from BASF and Shell Chemicals for $5.7 billion in 2005.
Basell Holdings is the world's largest polypropylene producer and the largest maker of polyethylene in Europe. Both chemicals are the main ingredients in plastics. Lyondell makes and sells chemicals and plastics, produces fuel products, and refines heavy and high-sulfur crude oil.
Blavatnik's net worth is $7.2 billion, placing him 102nd on the world's ranking of billionaires, according to Forbes. He and two partners merged their Russian Tyumen Oil Co. with London-based BP in 2003 to form TNK-BP. Blavatnik's investments include the Basell acquisition, as well as real estate and telecommunications.
Lyondell spokesman David Harpole declined comment.
But Dan Smith, Lyondell's CEO, told analysts at a conference in Las Vegas on Wednesday that the company would consider a buyout, though it could hurt bondholders in a down cycle.
"You can argue somebody could come in and make a nice offer for us," Smith told analysts. "If they want to do that and enrich the shareholders, then we've always been willing to enrich the shareholders however you want to do it.
"If you're a bondholder, I'm not sure you get enriched in that situation," Smith continued. "If you think you're going to have a down cycle in the chemical markets, I don't think you want to add $8 to $10 billion in debt to this and live through that."
2007-04-18 Sinopec
Inauguration
Ceremony of Ningbo ZRCC Lyondell Chemical Co. Ltd. in Beijing
The inauguration
ceremony of Ningbo ZRCC Lyondell Chemical Co.
Ltd. was
held in the Great Hall of the People in Beijing on April 18,
2007. Zhang Jianhua, Director of the Board of Directors and
Senior Vice President of China Petroleum & Chemical
Corporation (“Sinopec”), Dan Smith, President and Chief
Executive Officer of Lyondell Chemical Company, Yu Hongyi, member
of Ningbo’s Municipal Party Standing
Committee and Vice Mayor, jointly unveiled the name plate of
Ningbo ZRCC Lyondell Chemical Co. Ltd., signifying that the
Sino-US POSM joint venture of the ZRCC Ethylene Cracker Project
has officially entered into the actual operation stage.
Ningbo ZRCC
Lyondell Chemical Co. Ltd. is jointly formed by Sinopec Zhenhai
Refining & Chemical Co. Ltd. and Lyondell China Holdings
Limited. With a total investment amount of approximately RMB4.44
billion, this project will have an annual capacity of 285,000
metric tons of propylene oxide and 620,000 metric tons of
styrene. It is Sinopec’s largest-scale chemical
production facility per unit and the world’s biggest POSM manufacturing
facility thus far. The new plant is scheduled for operation by
the end of 2009 upon the completion of its construction. The
annual sales revenue is expected to reach over RMB10 billion.
The key objective
of this project is to optimize the product slate of the ZRCC
ethylene cracker project, to satisfy China domestic demand for
propylene oxide and styrene monomer, and to stimulate local
economic development via transfer of advanced proprietary
propylene oxide/styrene monomer technology of Lyondell into
China. This project is the first cooperation between Sinopec and
Lyondell. It is also Lyondell’s first manufacturing investment
in China. Both parties indicate that they will employ the present
project as opportunity to enhance mutual cooperation, to
complement each other’s strength, to enhance project
competitiveness, to achieve the best business performance, and to
actively contribute to the mutual benefits of the parties as well
as to the China petrochemical industry.
Those in attendance
of the inauguration ceremony include: William Brekke, Commercial
Counselor of U.S. Embassy in China; Morris Gelb, Executive Vice
President and Chief Operating Officer of Lyondell; Zhang Jiaren,
former Director of the Board of Directors and Senior Vice
President of Sinopec; leaders from State Development and Reform
Commission, Ministry of Commerce, Zhejiang Province, Ningbo City
and other relevant departments; and representatives from
U.S.-China Business Council, and the American Chamber of Commerce
- People’s Republic of China.
Equistar spends $125 million correcting environmental violations
US based Equistar
Chemicals LP plans to spend more than $125 million on pollution
controls and cleanup to address a number of air, water and
hazardous waste violations at seven petrochemical plants in
Texas, Illinois, Iowa and Louisiana, the Justice Department and
the Environmental Protection Agency (EPA) announced Wednesday.
The states of Iowa, Illinois and Louisiana have all joined the
federal government in the settlement.
"Equistar will be the first in the petrochemical industry to
adopt these stricter environmental measures, many of which will
go beyond what the regulations would require," said Granta
Nakayama, EPA's Assistant Administrator for Enforcement and
Compliance Assurance.
The plants which are subject to the settlement are Equistar's
facilities in Morris, IL.; Clinton, IA; Lake Charles, LA.
(currently inactive); Channelview, TX; Chocolate Bayou, TX;
Corpus Christi, TX; and La Porte, YX.
The case was initiated as a result of inspections conducted by
the EPA's National Enforcement Investigations Center (NEIC) at
Equistar's Channelview, Texas, and Morris, IL., facilities.
During the inspections, the EPA identified extensive Clean Air
Act, Resource Conservation and Recovery Act, and Clean Water Act
violations. The inspectors also found that Equistar had violated
laws requiring the company to immediately report spills and
releases of hazardous substances to federal and state emergency
response centers.
Under the first 18 months of the settlement, Equistar is required
to conduct a number of separate environmental audits of its
operations to identify any additional problems, report its
findings and proposed corrective measures back to the EPA and
state regulators, and fix the problems. In addition, Equistar has
agreed to monitor and fix leaks of volatile organic compounds
(VOCs) and hazardous air pollutants, such as benzene, from
process units; to change out equipment that uses ozone-depleting
substances; and to reduce flaring of VOCs.
Equistar will also pay stipulated penalties under the consent
decree for flaring based on the amount of pollution released to
the atmosphere. At its Channelview facility in Texas, Equistar
will install a wastewater treatment system that will reduce
harmful air emissions by at least 26 mt/year. In addition, the
company will eliminate the improper land disposal of an estimated
150,000 mt of D018 benzene-contaminated hazardous waste per year.
In addition to the pollution controls, Equistar will pay a civil
penalty of $2.5 million (to be divided among the federal
government and participating states), and spend $6.56 million on
federal and state supplemental environmental projects.
2007/8/13 www.nj.com
Jury finds BASF is owed nearly $170 million
A Morris County jury this afternoon ordered a Texas-based
chemical company to pay BASF Corp. nearly $170 million for
overcharging the Florham Park-based company for eight years.
The six-member jury deliberated for three days following seven
weeks of testimony over a contract dispute between the two
businesses, and ordered Lyondell Chemical Co. to pay $169,932,670
in damages.
That award "reflects their belief that Lyondell had
overcharged BASF significantly over many years,'' BASF attorney
Eugene F. Assaf said.
Under its contract with Lyondell, BASF was to be charged the
lowest price that Lyondell charged any of its customers for
propylene oxide, a compound that BASF uses to make polyols, used
in making all sorts of goods, from gym floors to adhesives.
Lyondell admitted at trial that it overcharged BASF, but attorney
H. Lee Godfrey put the refund due BASF at $22.5 million.
Godfrey said his client intends to seek a new trial.
As jurors left the courtroom, they told Superior Court Judge
Deanne Wilson that if they had to spend their summer in a
courtroom, they were glad it was with her.
On April 8, 2005, Lyondell filed a lawsuit against BASF Corporation in the Court of Common Pleas for Delaware County, Pennsylvania seeking declaratory judgment to resolve a commercial dispute regarding the interpretation of various provisions of a propylene oxide sales contract.
Soon thereafter, on April 12, 2005, BASF filed a lawsuit against Lyondell in the Superior Court of New Jersey, Morris County asserting various claims relating to alleged breaches of the same propylene oxide sales contract and seeking damages in excess of $100 million.
In September 2005, BASF's motion to dismiss Lyondell's declaratory judgment action in Pennsylvania was granted, and Lyondell has decided not to appeal that ruling.
The lawsuit BASF filed in New Jersey is proceeding. Lyondell believes that it has valid defenses to all claims and is vigorously defending them. The parties have engaged in negotiations to resolve the claims without success to date. Lyondell does not expect the resolution of the claims to result in any material adverse effect on its business, financial condition, liquidity or results of operations.
LyondellBasell Industries
to be new company name
Basell and Lyondell Chemical Company jointly announced today
their plans for naming the company which will result from their
planned merger. Following completion of the merger transaction,
the newly combined company will be named LyondellBasell
Industries.
Lyondell announced Sept. 25 that a special meeting of its
shareholders has been scheduled for Tuesday, November 20 to vote
on the proposal to adopt the Agreement and Plan of Merger, dated
as of July 16, 2007, among Basell AF, BIL Acquisition Holdings
Limited and Lyondell.
“The
new name will keep two well respected names in the forefront of
the polyolefins, chemicals and refining industries,”
said Volker Trautz,
Chief Executive Officer of Basell.
“We
are positioning our expanded company for a bold future, while at
the same time retaining important links to the past that are
valued by our customers, our employees, our partners, investors
and the communities in which we operate,”
said Dan F. Smith,
Chairman, President and Chief Executive Officer of Lyondell.
Both companies said that the LyondellBasell brand will be rolled
out after the closure of the transaction, which is expected to
take place in the fourth quarter 2007.
October 26, 2007 Associated Press
EU Clears Basell Bid for Lyondell
European Union antitrust regulators on Friday(10/26) cleared Basell's $12.6 billion acquisition of its U.S. rival Lyondell Chemical Co., a deal that will create one of the world's largest chemical companies.
The European Commission said the 8.79-billion euro buyout did not pose any competition concerns.
The EU executive said the companies' activities in the EU "are largely complementary" due to their different production areas.